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FOLKES v. NELSEN

No. 21-6217.

34 F.4th 258 (2022)

Clinton FOLKES, Petitioner-Appellee, v. Warden NELSEN, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Michael Douglas Ross , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellant. Jason Scott Luck , JASON SCOTT LUCK ATTORNEY AT LAW, Bennettsville, South Carolina, for Appellee. ON BRIEF: Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, Melody J. Brown , Senior Assistant Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellant.

Reversed and remanded with instructions by published opinion. Judge Agee wrote the opinion, in which Judge Volk joined. Judge Wynn wrote a dissenting opinion.

Clinton Folkes is serving a life sentence upon a South Carolina conviction for assault and battery with intent to kill. One claim in Folkes' state habeas petition alleged that his state appellate counsel "was ineffective for failing to file a Petition for Rehearing in the Court of Appeals thereby depriving [him] of his right...

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